Probe pending for a year, juvenile board quashes case

The Juvenile Justice Board (JJB) of Gurugram has terminated the proceedings of a case against a juvenile accused of theft because of the police’s failure to complete investigation within the prescribed time. It is the first time, JJB has terminated the case on such grounds, an official with the board said.

Manglesh Kumar Choubey, principal magistrate, JJB Gurugram, in his order said it was in the best interest of children in conflict with the law that basic standards be adopted by the police in cases relating to juveniles.

“It is the duty of the police to complete the investigation within a reasonable time, submit relevant reports and produce its witness before the board within the time frame. On failure to do so, the JJB will be left with no other option except to terminate proceedings,” the order stated.

The order pertained to a teenager booked and apprehended by the police in February last year for theft. The police have failed to complete the investigation more than a year after the incident, forcing the juvenile to remain in an observation home.

Challenging the delay in completion of investigation, RS Saini, counsel for the juvenile, had filed an application asking for the proceedings to be terminated as more than six months had lapsed and the inquiry had not been completed. He argued that the offence is petty and the inquiry had remained inconclusive.

Countering this, the public prosecutor, Suresh Kumar, argued that if proceedings are terminated, it would encourage other juveniles to commit such offences.

Section 14(IV) of the JJ Act, 2015 provides that if an inquiry for the pretty offence remains inconclusive (for whatever reasons) even after an extended period, the proceedings shall stand terminated.